IANAL, but TV is basically considered as a performance.
Live TV is an artistic creation as it is being shown,
anything pre-recorded is purchased by the station or
network, from the creator, with specific rights of use
(the license).
(Not that there is anything artistic about most of the junk
that they transmit, but copyright is about artistic work)
So, a worst case copyright judgement might be:
> a scenario: I can (and do) record via MythTV the Fox TV show 24, in
> HD,
> using an OTA antenna.
Infringement 1. Illegal copying of a licenced performance.
> I also have MythTV remove the commercials,
Infringement 2. Modifying non-licenced material.
> so when I watch the show
Infringement 3. Re-performing non-licenced material.
...
> Say I miss an episode for whatever reason and I hypothetically
> download
> the show and watch it
(assuming you are downloading, rather than watching a stream)
Infringement 4. Posessing non-licenced material, and
Infringement 5. Re-performing non-licenced material.
...
> The show
> is broadcast freely over the air for anyone with the proper
> equipment to
> receive it
Receive and watch it, at the time they "perform" it,
in the environment they decree (i.e. with adverts).
> Some shows allow you to download the episodes from their
> website, so again, where is the problem exactly?
Different license, and usually very different quality,
so that you will want to see the latest episode,
in all its prime-time, commercial laden, glory.
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